Montana Code Annotated 2023

TITLE 85. WATER USE

CHAPTER 8. DRAINAGE DISTRICTS

Part 1. Creation of Districts

Receiving Affidavits On Question Of Petition Sufficiency

85-8-119. Receiving affidavits on question of petition sufficiency. The affidavits of any 10 or more of the signers of the petition, stating that they have examined the petition and are acquainted with the locality of the district and that the petition is signed by a sufficient number of owners of lands in the district to satisfy 85-8-101, may be taken by the court or judge as prima facie evidence of the facts stated in the petition. The affidavit of any petitioner or other landowner before the court or represented before the court asserting the petitioner's or landowner's ownership of lands in the district, properly described, is sufficient evidence to the court of those facts.

History: En. Sec. 13, Ch. 129, L. 1921; re-en. Sec. 7277, R.C.M. 1921; re-en. Sec. 7277, R.C.M. 1935; R.C.M. 1947, 89-2214; amd. Sec. 10, Ch. 326, L. 1979; amd. Sec. 2804, Ch. 56, L. 2009.